Question

Which of the following is NOT used as part of the Lemon test to determine whether a State law amounts to an "establishment" of religion?

1) The statute must have a secular legislative purpose
2) The principal effect of the statute must not advance or inhibit religion
3) The statute must not foster an excessive government entanglement with religion
4) The statute must be based on a compelling government interest

Answer 1

Option 4, "The statute must be based on a compelling government interest," is not part of the Lemon test, which only includes three criteria: a secular purpose, neutrality in effect concerning religion, and no excessive government entanglement with religion.

Step-by-step explanation:

The item from the list that is NOT used as part of the Lemon test to determine whether a State law amounts to an "establishment" of religion is the fourth one: "The statute must be based on a compelling government interest." The Lemon test, established in the Supreme Court case Lemon v. Kurtzman, has three criteria:

1. The statute must have a secular legislative purpose.
2. The principal effect of the statute must not advance or inhibit religion.
3. The statute must not foster an excessive government entanglement with religion.

Thus, the requirement that "The statute must be based on a compelling government interest" is not part of the Lemon test but is instead a standard related to a different constitutional test concerning the restriction of rights, known as 'strict scrutiny'. The Lemon test specifically addresses the Establishment Clause and the separation between church and state.